Introduction
The H-1B visa is the most common type of employment-based nonimmigrant visa for workers in specialty occupations. The H-1B visa allows U.S. employers to temporarily employ foreign workers in professional roles if no qualified U.S. worker can be found to fill the position. To sponsor an individual for an H-1B visa, companies must first complete several steps with the help of an immigration attorney:
Step 1: Review the Job Description as a Specialty Occupation
The first step in sponsoring an individual for an H-1B visa is to make sure that the position meets all the requirements of a specialty occupation. This means reviewing the job description and making sure it lists the following:
- The position requires at least a bachelor’s degree or higher
- The position requires theoretical and practical application of a body of specialized knowledge
It may also help you to understand how USCIS defines specialty occupations
Step 2: Determine the Rate of Pay
The next thing you’ll need to do is determine the rate of pay for your H-1B worker. This is done by calculating the prevailing wage for the position in question and then multiplying this number by 1.5. The result will be what you should pay your potential employee.
- If you’re offering a job that pays less than $60,000 per year, then your H-1B worker must get paid at least that much on top of any other benefits included in his or her compensation package (like health insurance).
- If you’re offering a job that pays between $60,000 and $100,000 per year, then your H-1B worker must get paid at least $80,00 plus any additional benefits included in his or her compensation package (like health insurance).
Step 3: Notify the U.S. Workforce
Finally, you must inform your U.S. workforce of the filing of the Labor Condition Application and H-1B petition with the Department of Labor. Your notification must be provided to each U.S. worker employed in the same occupation as an H-1B beneficiary in your area of intended employment and who is potentially affected by this filing (i.e., a potential “displacement”). The notice must also include:
- A statement explaining how you will pay them any required benefits or wages (either by offering them a job at that rate or paying them according to their current rate) if they lose their position because of hiring an H-1B worker; and
- Information about a complaint process for workers to report violations related to their compensation or working conditions;
Step 4: Submit Labor Condition Application (LCA/Form 9035/9035E)
- Review the labor condition application (LCA). There, you’ll find information about the number of employees to be hired and their wages. You’ll also see which prevailing wage level applies to your position.
- Decide on the validity period for your LCA: one year or three years. If you think you’re going to need a visa renewal, go with a longer validity period so that all future applications can use it as well.
- Submit your LCA by mail or fax to USCIS within days of submitting Form I-129 H-1B Petition; they will not process an application until they receive all required documents from both parties involved in filing this petition.
Step 5: Register with the USCIS for the Annual H-1B Lottery
The fifth and final step is to register for the annual H-1B lottery. To do this, you’ll need to submit Form I-907 to the USCIS if:
- You’re eligible to sponsor an H-1B visa.
- You have an approved Labor Condition Application (LCA) on file with U.S. Department of Labor (DOL).
You can find more information about this on USCIS’s website here:
https://www.uscis.gov/working-united-states/temporary-workers/h1b-(specialty)-nonimmigrant/#4
Step 6: Await Lottery Selection
At this point, you can sit back and relax for a few months. You will receive an email from USCIS letting you know whether your petition has been selected in the lottery or not. If it hasn’t been selected, then your petition is rejected and voided. If it has been selected, then proceed to step 7!
Step 7: Submit Completed Form I-129 to the USCIS for Selected Beneficiaries, Application Fee
Step 7: Submit Completed Form I-129 to the USCIS for Selected Beneficiaries, Application Fee
After you have completed the form and paid your filing fee, you will need to mail it to the address listed on their website. The mailing address is indicated in Step 5 of this guide. Once you have mailed your application, it will be given a receipt number. This receipt number must be included on all future correspondence with USCIS regarding this case.
Step 8: Instruct Prospective Workers Outside the United States to Apply for Visa or Admission
- Once you have received an H-1B approval, the employee will need to apply for a visa at a U.S. embassy or consulate in his or her home country. The applicant must bring proof of their intent to work in the United States (such as their I-797 approval notice), a valid passport, and any additional required documentation with them when they go to apply for the visa.
You can help an individual apply for an H-1B visa with these steps.
- Review the job description
- Determine the rate of pay
- Notify your U.S. workforce
- Submit labor condition application (LCA/form 9035/9035E)
Conclusion
With the H-1B visa, you can sponsor an individual for a temporary stay in the US. It’s a popular option for many organizations because it allows them to bring in foreign workers on temporary work visas. Sponsoring someone for an H-1B visa is not something that should be taken lightly, however! It takes time and effort to make sure that everything is done correctly before submitting your application.
